Section 327 IAC 5-3-6 - Tentative permit decisions and draft permitsAuthority: IC 13-14-8; IC 13-14-9; IC 13-15-1-2; IC 13-15-2-1; IC 13-18-3
Affected: IC 13-11-2; IC 13-18-4
Sec. 6.
(a) If a permit has been properly requested under section 2 of this rule, the commissioner, after analyzing the data and other information furnished in the permit application and any other relevant information, shall tentatively decide whether to issue or deny the permit.(b) If the commissioner tentatively decides to issue a permit, a draft permit shall be prepared containing: (1) all conditions, limitations, or requirements specified in 327 IAC 5-2-6, 327 IAC 5-2-8, and 327 IAC 5-2-9;(2) all effluent limitations, standards, prohibitions, and conditions required by 327 IAC 5-2-10, including all applicable variances or other statutory modifications which have been requested and appear justified under these rules;(3) all compliance schedules required by 327 IAC 5-2-12 and 327 IAC 5-2-12.1; and(4) all monitoring, recording, and reporting requirements specified by 327 IAC 5-2-13, 327 IAC 5-2-14, and 327 IAC 5-2-15.(c) A decision by the commissioner to deny a permit application shall be made through the same procedures under this rule as any other permit decision. A notice of intent to deny a permit shall be made available for public comment under section 9 of this rule.(d) If the commissioner determines, either as a result of a request under section 3 of this rule or on the commissioner's own initiative, that the modification or the revocation and reissuance of a permit is warranted under 327 IAC 5-2-16, the commissioner shall formulate a draft permit incorporating the proposed changes in accordance with the following conditions:(1) In the case of a permit modification:(A) the draft permit need not include the entire permit but may be restricted to the permit provisions that are proposed to be modified; and(B) only those terms in the existing permit that are affected by the proposed modification will be reopened, however, such terms of the existing permit remain in force until a modification is issued and becomes finally effective under this article. All other aspects of the permit will remain in force until the expiration of the permit.(2) If the permit is proposed to be revoked and reissued, the entire permit is reopened just as if the permit had expired and was being reissued. During any proceeding for revocation and reissuance of a permit, the permittee shall comply with all conditions of the existing permit until the new permit is reissued.(3) If needed for the preparation of a draft permit under this subsection, the commissioner may request additional information, including, in appropriate cases, a complete new permit application.(e) If the commissioner decides, either as a result of a request or on the commissioner's own initiative, that a permit shall be terminated pursuant to 327 IAC 5-2-16, the commissioner shall prepare a notice of intent to terminate which shall be made available for public comment. The decision shall be finalized through the procedures applicable under this rule to any other permit decision. Pending issuance of a final decision to terminate a permit, the terms and conditions of the permit shall remain in full force and effect.(f) General permits to be issued under 327 IAC 15 shall be proposed in draft form, shall contain the designation of the general permit area and, except for general permits for separate storm sewers, shall be sent to the EPA for concurrence or objection during the public comment period. No final permit shall be issued if the regional administrator or the EPA deputy assistant administrator for water enforcement objects to the general permit within ninety (90) days from the date of publication of the public notice for the draft general permit.Water Pollution Control Board; 327 IAC 5-3-6; filed Sep 24, 1987, 3:00 p.m.: 11 IR 637; filed Jan 14, 1997, 12:00 p.m.: 20 IR 1471; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR-327070553BFAReadopted filed Jul 29, 2013, 9:21 a.m.: 20130828-IR-327130176BFA